A. GANGADHARA RAO, J.

( 1 ) I am reluctantly dismissing this appeal. The Indian Drugs and Pharmaceuticals Ltd. is the plaintiff and Savani Transport (P) Limited is the defendant. The plaintiff manufactures Drugs and Pharmaceuticals at Hyderabad. It transpires from evidence that the plaintiff entrusted 495 cartons of medicines consisting of Apidin Tablets and APC tablets to the defendants branch at Hyderabad on 11th Nov. , 1971 to be transported to their Ahmedabad Branch. When they were entrusted, they were in good condition. The Ahmedabad Branch received the goods, but found 26 packages (17 cases of Apidin Tablets and 9 cases of APC tablets) in a damaged condition. So, they sent back the damaged packages to the plaintiff through defendants lorry on 25th Nov. , 1971. They found oil marks on the outward packages of the carboard carton and bad smell emanating from the packages and they were unfit for human consumption. At Hyderabad, those cases were opened in the presence of M. Santosh Kumar, Central Branch Manager of the defendant-company. On 15th Dec. , 1971 the plaintiff issued a notice to the defendant-company to make good the loss. There was no reply from the defendant. On 20th De

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